440/2003 Coll.
LAW
of 3 July 2003. December 2003
about the handling of rough diamonds, on the conditions of their import, export and
transit and on amendments to certain laws
Change: 60/2005 Sb.
Change: 413/2005 Sb.
Change: 70/2006 Sb.
Modified: 296/2007 Sb.
Change: 124/2008 Sb.
Change: 254/2008 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 187/2011 Sb.
Modified: 18/2012 Sb.
Change: 308/2013 Coll. 344/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
DEALING IN ROUGH DIAMONDS, AND THE CONDITIONS FOR THEIR IMPORT, EXPORT AND
TRANSIT
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Act regulates the handling of rough diamonds, the conditions for their
import, export and transit and lays down the conditions for the implementation of certification,
accounting for and control of rough diamonds (hereinafter referred to as "the Kimberley process system
certification ") to the extent provided for by Council Regulation (EC) No 2368/2002 of
on 20 April. December 2002 implementing the Kimberley process system
certification for the international trade in rough diamonds (hereinafter referred to as
"the regulation").
the title launched
§ 2
Definition of terms
For the purposes of this Act, means the
a) ^ 1) mailbox container resistant to breaches, opatřitelná seal
against unauthorised opening,
(b)) handling of rough diamonds of any treatment in rough
diamonds, that are not closed in the intact container equipped with a
seal,
(c) the Secretariat of the authority responsible for the participants) ^ 1a) through the coordination of the Kimberley process
certification scheme for rough diamonds,
d) conclusive evidence
1. the certificate or his authorized copies, issued by the competent
authority, which imports accompanied the rough diamonds for which a
required to issue a certificate of the European Communities (hereinafter referred to as
"The community") ^ 1b) (hereinafter referred to as the "certificate"),
2. the invoice or other document from which are obvious data
the seller, or the deceased donor and the licensee of rough diamonds, and from
implies that exported the rough diamonds for which is required
a certificate from the community, are located on the territory of the community
According to the principles of the Kimberley Process certification scheme, ^ 1b)
3. document confirming the certification of inventory, where applicable, article 15(d).
6 of regulation, ^ 1b) or
4. a written declaration under art. 13 of regulation,
(e) the Directorate-General Directorate of customs duties),
(f) the designated Office the Customs Office) Prague-Ruzyně Airport,
(g)) the competent customs officer or employee of the Directorate of civil employee
who works at the Directorate and performs tasks in system of certification of rough
diamonds,
(h)) to the competent authority a customs officer or employee of the civil employee who
works in the specified authority and who shall perform the tasks in the certification scheme
rough diamonds.
§ 3
cancelled
TITLE II
THE COMPETENT AUTHORITY OF THE CZECH REPUBLIC, ITS ORGANISATION AND TASKS
§ 4
(1) the competent authority of the community ^ 2) is a Directorate.
(2) the Directorate in carrying out tasks pursuant to this Act and the regulations
cooperates with the European Commission, the competent foreign authorities,
the authorities of other States responsible for carrying out the tasks within
system of certification of rough diamonds, the Secretariat and international
organisations with responsibilities in relation to the system of certification of rough
diamonds, and provides them with information to which the Czech Republic
committed to.
(3) if the Directorate or the designated Office of the fact
justifying the suspicion of financing of organised crime or
terrorism, communicate them immediately to the police of the Czech Republic (hereinafter referred to as
"The police"), and the intelligence services of the Czech Republic (hereinafter referred to as
"intelligence services"). ^ 2a)
(4) the police and intelligence services Directorate and the designated
the Customs Office in the performance of their responsibilities under this Act, and
Regulation with the necessary information; This does not apply where disclosure of the
information would jeopardize the interests pursued by the police or the relevant
Intelligence Agency.
§ 5
Directorate
and) checks and confirms the authenticity of the certificate upon importation; confirmation
the authenticity of the certificate is a public document,
(b)) on the export of a Community certificate issued, which is a public
the Charter,
c) compares the contents of the shipment with the information in the certificate, in the form of physical
controls, including the determination of the physico-chemical properties of rough
diamonds necessary for their identification,
(d)) to determine whether the numeric value of the activity of rough diamonds does not exceed
value allowed by special legislation, ^ 3)
(e) documentation of the shipment) and its contents,
(f) evidence of) the import, export and transit of rough diamonds,
the registration of persons (sections 28 and 29), concerning the annual reports (§ 32),
controls and their results (para. 33), on persons who have been saved
penalties for violation of this Act or the regulations, and on the persons who
have infringed the principles of Kimberley Process certification scheme for rough diamonds and
This fact was officially communicated to the competent authority of the Directorate; for
the purposes of the registration processes personal data without the consent of the competent
people, ^ 3a)
g) evaluates data concerning the handling of rough diamonds.
§ 6
Obligation of professional secrecy
(1) the operator and the competent Directorate of the worker of the Office are
secrecy about what is in their activities or in
connection with the learned, in particular about the situation of persons working with
rough diamonds as personal, as well as related to their
business activities. The Directorate and the Office of the
they are committed to the obligation of professional secrecy pursuant to this Act and the
After the end of the exercise of their activities.
(2) the operator and the competent Directorate of the worker of the Office are
required information obtained during its activities to provide, at the request
the Administrative Department and the Court is hearing the appeal, the authority
If the management of the estate, if insolvency proceedings for persons
storage handling in rough diamonds, the proposal being discussed by the tax administrator,
by seeking the ineffectiveness of legal proceedings the person loading the
rough diamonds or procedure regarding tax liens.
(3) confidentiality obligations may be competent worker
Directorate and the competent worker shall be released from Office by the person using the
rough diamonds only in writing, with an indication of the scope and purpose.
(4) the obligation to maintain confidentiality shall not apply
and) against the Supreme authority, if done in the scope of its
permissions checking according to the approved plan audit activities, ^ 4)
(b) this) if it is in criminal proceedings should be for proper clarification
circumstances indicating that a crime has been committed,
(c) appropriate organizational folder) to the Ministry of finance, if required
data on the basis of a specific legislation on combating the legalization of
the proceeds of crime or of a specific legislation on the implementation of
international sanctions in order to maintain international peace and
safety, the protection of fundamental human rights and the fight against terrorism,
(d) the Supreme Public Prosecutor's Office) when it performs the investigation to
determine the conditions of an action against the decision of the administrative authority referred to in
a special law,
(e)) against the police and the intelligence services under the conditions laid down in paragraph 4 of the
paragraph. 3.
(5) for the breach of confidentiality obligations and the use of
the information obtained in the performance of tasks in system of certification of rough
diamonds or in connection with the negotiations for the benefit of the person
owing to this obligation or to persons and or other conduct which
would cause someone harm.
(6) the operator and the competent Directorate of the worker of the Office may
When the scientific pedagogical activities, publication and use the information in the
anonymised form.
(7) the obligation to maintain confidentiality on classified information according to the
specific legislation is not this ^ 5a) Act.
(8) the obligation to maintain secrecy does not apply also to Community institutions
The community, which shall carry out the tasks related to the implementation of the Kimberley process
the certification scheme.
TITLE III
THE RELEASE OF ROUGH DIAMONDS UNDER A CUSTOMS PROCEDURE
§ 7
^ 6) Declaration on the release of rough diamonds into the customs
^ 6a mode) ^ 7) the declarant, in writing or through a device
for the processing of data for the specified Customs Office, unless otherwise provided by this law
or regulation. At the same time as the customs declaration the declarant shall be obliged to
submit a consignment to the designated customs office. The declarant shall bear the
the costs and risk of transport of the consignment to the Customs office specified by the.
Imports
§ 8
(1) the customs control ^ 8) performs the specified Customs Office, unless otherwise provided by this law
or regulation.
(2) the designated customs office to check the accuracy and completeness of the accepted customs
statement.
(3) since the time of presentation of the consignment to the Customs office specified in the release
the decision in this consignment to the customs control is under the direct control of the customs.
§ 9
(1) the rough diamonds that do not have Community status of the goods), ^ 8a
return to the territory of the Czech Republic
and by air only on selected) international community airport
Prague-Ruzyne Airport are, airport Brno-Tuřany airport
Ostrava-Mošnov, or
(b) postal transport.)
(2) the person who brought the postal shipments of rough diamonds or
Airmail to selected international airport, is obliged to immediately
submit to the designated customs office. This does not apply if the rough diamonds
transported to a place that is located in the territorial scope of the different customs
the Office.
(3) if the rough diamonds Are transported to a place that is located in the
the territorial scope of a Customs Office, shall be submitted without delay to the
Authority (hereinafter referred to as "the selected Office").
(4) the selected Customs Office at the entrance of the rough diamonds in the Czech
the Republic checks whether the consignment is accompanied by a certificate
checks the integrity of the container and its conclusions, accompanied by the container
its a Customs seal and shall release the shipment in transit. The Customs Office of
destination is specified by the Customs Office.
(5) if the consignment is not accompanied by a certificate or, if the container or
his seal is broken, the Customs Office will not open the selected shipment, performs
documentation of damage and writes about the official record. The selected Customs Office
accompanied by his Customs seal and will carry the shipment under the direct supervision of,
at the expense of the declarant to the designated customs office.
(6) the selected Customs Office shall immediately notify the entry particulars of
consignment to the designated customs office and headquarters.
(7) the rough diamonds that do not have community status of the goods transported
on the territory of the United States than other mode of transport referred to in paragraph
1, must be submitted to the designated customs office.
§ 10
(1) the operator and the competent Directorate of the worker of the Office
together when the presentation of the consignment examined the status of the container and its
the conclusions and consequently open the container and each package contained therein.
(2) the declarant has the right to be present at the inspection of the container, and
his conclusions and then open each package.
§ 11
the title launched
(1) the control of compliance of imported rough diamonds with a certificate that
It is accompanied by the Directorate, will launch the opening of the container.
(2) during the proceedings referred to in paragraph 1, the customs proceedings.
(3) the competent Directorate-worker checks the authenticity and validity of the
certificate, and compares the contents of the consignment with the particulars in the certificate.
§ 12
Are subject to the conditions laid down by law, regulation and the specific
legislation, ^ 9) shall issue a Customs office specified by the decision establishing the
rough diamonds be released into the proposed customs procedure.
The export of
section 13 of the
the title launched
(1) the designated customs office to check the accuracy and completeness of the accepted customs
Declaration for export.
(2) following the initiation of the customs control shall check the
the Office of the Directorate and presented by the container, raw
diamonds, conclusive evidence pursuant to section 2 (a). (d)), and that the declarant stated
all the data required to issue a certificate of the community.
(3) the declarant shall have the right to be present during the inspection referred to in paragraph 2.
§ 14
(1) a certificate from the management of the community's relevant
the Directorate.
(2) the proceedings referred to in paragraph 1 is initiated as soon as the Directorate takes over
container, rough diamonds, hard evidence and data necessary to
a certificate is issued in the community.
(3) during the proceedings referred to in paragraph 1, the customs proceedings.
(4) the operator checks whether the Directorate of the declarant has provided
conclusive evidence pursuant to section 2 (a). (d)), and the correct and complete information needed to
a certificate is issued, that the declarant, presented by the community
container corresponds to the transport of rough diamonds under this Act, and
Regulation, and performs the comparison presented by the rough diamonds with the data
referred to by the declarant, including their approximate current rates.
§ 15
(1) the operator and the competent Directorate of the Office of worker inserts
together with the authorized copies of the Community certificate to the container
rough diamonds or packages that contain them, and must affix the container
seal. The community receives a certificate of the declarant.
(2) the declarant has the right to be present when you paste content into a container and
his measures seal.
section 16 of the
(1) only the designated customs office is entitled to when the conditions
laid down by law, regulation, and special legislation ^ 9)
lay off the rough diamonds to the export procedure.
(2) a person that have been released for the export of rough diamonds, is required to
provide at his own expense and risk of their arrival on the output
the Customs Office in the community, which is approved by the designated customs office.
The designated customs office shall set a deadline for the submission of the consignment to the output
the Customs Office, the route and the mode of transportation of the consignment. The shipment is for
transport under customs supervision.
(3) if the rough diamonds placed in exports to leave the territory
Community from a place on the territory of the Czech Republic, it must
get off only at a designated customs office or at the Office, in whose
the territorial scope of the selected international airports are listed in section
9. 1.
(4) the Customs Office referred to in paragraph 3, it checks the integrity of the container
and his conclusions, and checks whether the consignment is accompanied by a certificate of
According to the regulation. If the container or the seals are broken, or consignment
It is not accompanied by a certificate in accordance with regulation, the selected Customs Office
the shipment doesn't open, carry out documentation of the status of the consignment, including documents,
that accompany it, and writes about the official record shall affix their shipment
Customs seal, and under the direct supervision of, at the expense of the declarant, it
sends the specified Customs Office. Specified by the Customs Office and the headquarters of the
the shipment loaded appropriately according to the provisions of § 13 to 16 and paragraph 1
up to 3.
(5) the Customs Office referred to in paragraph 3 shall immediately notify the output and shipments
all information specified on the consignment to the Customs Office and the Directorate.
§ 17
cancelled
section 18
cancelled
§ 19
cancelled
TITLE IV
TRANSIT OF ROUGH DIAMONDS
section 20
(1) the rough diamonds can be released for the customs procedure of the external
transit ^ 10) only at the Customs Office referred to in § 16 para. 3.
(2) if the rough diamonds in the territory of the Czech Republic to a customs
the Office than indicated in paragraph 1 shall be transported in transit
the designated customs office. In justified cases, in particular where there is a
the risk that the rough diamonds can escape customs supervision, or
otherwise endanger the basic objectives of the Kimberley Process certification scheme, shall ensure
the transport of the consignment to the Customs office designated by the Customs Office under the direct customs
supervision, at the expense of the declarant.
(3) the Customs Office checks the integrity of the container and its conclusions and
checks whether the consignment is accompanied by the certificate referred to in regulation.
If the container or the seals are broken, or not
accompanied by a certificate in accordance with the regulation, the Customs Office of the shipment does not open,
does the documentation status of the consignment, including documents that it
accompany, and writes about the official record. The Customs Office shall affix a shipment
its customs seal, and under the direct supervision of, the cost of the her
the declarant shall transport the designated customs office. The designated customs office and
the Directorate with the shipment loaded appropriately in accordance with title III.
section 21
cancelled
the title launched
section 22
cancelled
Article 23 of the
cancelled
the title launched
section 24
cancelled
§ 25
cancelled
section 26
The common transit regime
(1) only the Customs authorities referred to in § 16 para. 3 are subject to conditions
laid down by law, regulation, and special legislation ^ 9)
entitled to dismiss the rough diamonds under the customs procedure of the common
transit. ^ 10a) Transit customs offices on the territory of the Czech Republic
transport shipments of rough diamonds in the common mode of transit are
the Customs authorities referred to in § 16 para. 3.
(2) the Customs Office of departure when the release of rough diamonds to the mode
common transit ^ 10a) checks the integrity of the container and its
the conclusions shall be accompanied by the container its customs seal, shall provide for
arrival of the consignment to the Customs Office of destination and the conditions are met.
established by special legislation, ^ 9) shall release the shipment to the mode
the common transit procedure. Customs Office of exit, the Customs Office is selected.
(3) if the container or the seals are broken, the Customs Office of departure
the consignment to the proposed transit releases, shipment will not open and
report, including documenting the damage.
(4) the Customs Office referred to in § 16 para. 3 notify immediately all the information about the
the consignment and its release or not releasing the procedure
the Directorate.
(5) the Customs Office referred to in § 16 para. 3, for which the shipment of rough
diamonds in connection with a change of State borders of
The community, checks the integrity of the container, its findings and, if
This is without prejudice to the provisions of the special legal regulation, ^ 9) will enable
the removal of goods from the community.
(6) if the container or the seals are broken, the output of the selected tariff
the Office will not open the shipment and draws up a Protocol including the documentation
damage. The Customs Office referred to in § 16 para. 3 shall affix Customs shipment
seal and under customs control at the expense of the declarant, it sends the specified
the Customs Office. This does not apply when the Customs office designated by the customs
the Office. The designated customs office, and the Directorate on the consignment loaded
mutatis mutandis in accordance with title III.
(7) the Customs Office referred to in § 16 para. 3 shall immediately notify the full details of the
the consignment and its exit from the territory of the Czech Republic in the common mode
the transit of the Directorate.
(8) the transit customs office where the shipment of rough diamonds in the
connection with a change of State borders enters the territory of the Czech
States in the common mode of transit, it checks the integrity of the
the container, its conclusions, and are subject to the conditions laid down in a special
by law, to enter ^ 9) shipments in the Czech Republic and
continuation of transit.
(9) if the container or the seals are broken, the Customs Office of transit
the shipment doesn't open, carry out documentation of the status of the consignment, including documents,
that accompany it, and writes about the official record. Transit customs
Office shipment its customs seal, and under the direct supervision of, it
at the expense of the declarant submits a designated customs office. This does not apply if the
transit customs office designated by the Customs Office. The designated customs office and
the Directorate further with the shipment loaded appropriately in accordance with title III.
(10) the Customs Office of transit shall immediately notify all the details of the consignment, and
the pass phrase or nevpuštění on the territory of the Czech Republic in the mode
the common transit procedure.
TITLE V OF THE
REGISTRATION
section 27 of the
General registration
(1) persons who are engaged in rough diamonds, are required to
Register.
(2) the request of the natural person who is not an entrepreneur, about general registration
contains
and) name,
(b)) date of birth, and
(c)) of the Czech Republic for State citizens ' place of residence on the territory of the
The United States, at the place of residence of foreigners on the territory of the Czech Republic,
or is habitually resident in the territory or outside the territory of the community. ^ 10b)
(3) the request of the natural person who is an entrepreneur, about general registration
contains
and) the name or business name,
(b)) date of birth,
(c)) of the Czech Republic for State citizens ' place of residence on the territory of the
The United States, at the place of residence of foreigners on the territory of the Czech Republic,
where applicable, the normal place of residence in the territory or outside the territory of the community, of ^ 10b)
(d) the identification number of the person)
e) registered office, permanent establishment or branch or other organizational folder
the business establishment, if established, and
(f)) for foreign natural persons, the location of the branch or other organizational
components of the business establishment, if established.
(4) the application of the legal entity of the General registration includes
a) trade name or its name,
(b) the identification number of the person and)
(c) the registered office, Central Headquarters), a permanent establishment or branch office or other
Business organizational unit of the plant, if established.
(5) in proceedings for general registration is the natural person shall demonstrate their
the identity and nationality or country of residence valid document. Person
the applicant for a marketing authorisation shall be responsible for the correctness and truthfulness of the data
referred to in the application for registration and for the authenticity of the documents submitted.
(6) a person who is an employee, with the obligation to register for
handling of rough diamonds in the performance of its working
the duty does not apply and for the handling of rough diamonds corresponds to
the employer.
(7) General registration there is no permission to dispose of the rough diamonds
in the manner specified in § 28 para. 1.
section 28
Special registration
(1) in addition to the General Register pursuant to § 27 a person must have equipment for loading is
rough diamonds in a way that includes the import, export, trade, or
processing of rough diamonds for the purpose of business, special registration.
(2) the person applying for the special registration shall submit the registration document
According to § 27 a further extract from the commercial register not older than 1 month or
certified copy of trade license or another document that
It entitles the Community territory, the business activities listed in
paragraph 1, not older than 1 month. The person applying for the special registration
is responsible for the correctness and truthfulness of the data referred to in the application for
the registration and for the authenticity of the documents submitted.
(3) a person applying for a special registration cannot be registered if it has been
at the time of 3 years before the application for registration of the sentenced for an intentional
the crime of property if it does not look as if it has not been
convicted of, or granted to it under sanctions for serious or repeated
offences against customs or tax legislation, this Act or the regulations,
or if that person has violated the principles of the Kimberley process system
certification of rough diamonds, and this fact has been designated by the customs
the Office or headquarters officially notified to the other competent authority.
(4) for the purpose of assessing the integrity of a person for the purposes of the Special
specified by the Customs Office's registration requests the extract from the register Index
penalties under special legislation ^ 10 c). Extradition request listing
of convictions and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access.
(5) for serious infringement of customs or tax laws, this law
or regulation referred to in paragraph 3 shall be deemed such action, for which the
the person has been lawfully convicted of a crime, or for which it has been
Finally a fine in the amount of at least 250 000 CZK.
(6) For repeated infringement of customs or tax laws, this law
or regulation referred to in paragraph 3 shall be deemed a violation of any of these
legislation at the time of up to 3 years from the decision, which
It was the same person for infringement of customs or tax legislation or of this
the Act imposed a fine of at least $ 50,000.
(7) the special registration does not replace the trade licence issued under
special legislation. ^ 11)
section 29
(1) an application for General and special registration shall be made in writing on the specified
the Customs Office.
(2) an application for General and special registration may be filed at the same time.
(3) if the applicant complies with the conditions set out in section 27 or section 28, specified by the
the Customs Office shall register, otherwise, the application will be rejected.
(4) any changes to the information listed in the registration is a registered person
shall, within 15 days from their creation in writing of the intended customs
the Office.
(5) if the designated customs office, a person registered under section 28 of the already
does not meet the conditions laid down, the registration decision.
(6) If a person ceases to dispose of the rough diamonds, may in writing
the designated customs office to apply for cancellation of the registration.
TITLE VI OF THE
REGISTRATION AND CONTROL
section 30
Each purchase and sale, as well as other transfer of rough diamonds must be
accompanied by an accompanying document, from which it is clear the data on
the seller, the donor or deceased and acquirer of rough diamonds
and the numbers of all certificates that accompanied the rough diamonds
When you import.
section 31
(1) a person who disposes of rough diamonds, is obliged to keep their
the registration of. This database contains information about the change of ownership of a
rough diamonds under section 30 and details for the determination of rough diamonds,
in particular, the
and) the name and address or trade name or its name and registered office
the seller, darujícího, of the testator or the transferee, and the number of its
registration, if it is registered,
(b) the name of the item and the item) of the customs tariff,
(c)) the quantity in carats (ct),
(d)) numbers of all certificates that accompanied the rough diamonds in the
imports, or the number of the document confirming the certification of inventory,
(e)) the purpose of the use of goods and
(f) the date of transfer).
(2) the Evidence led by the person who disposes of rough diamonds so that
It is worked on or handles on a product, in addition to the data referred to in
paragraph 1 also contains data on the quantity and quality
characteristics of rough diamonds, the name of the processed goods and
the items of the customs tariff, the quantity and the quality of the machined and
processed diamonds and of waste resulting from the processing.
(3) a person who keeps records in accordance with paragraph 1 or paragraph 2,
is required to keep it for at least 10 years from the end of the calendar year in
which data has been changed.
(4) at the invitation of the designated customs office or the Directorate shall submit to a person
led by a record referred to in paragraph 1 or paragraph 2, including the documents,
from which the required data are obvious.
(5) a person who keeps records in accordance with paragraph 1 or 2, shall be responsible for
accuracy of the information held within it.
§ 32
(1) a person who disposes of rough diamonds so that its activities
includes import, export, trade in, or processing of rough diamonds, it is
required to submit to the Directorate before 31 December. March of each year for the past
calendar year annual reports on the handling of rough diamonds (hereinafter referred to as
"annual report"), which contains data from the registers kept under section 31.
(2) the annual reports can be effectively only submit a form issued by the
Headquarters or on the computer reports that have data, content and
the arrangement of data completely identical with a form issued by the Directorate.
Part of the annual report are indicated in the relevant
form.
(3) the annual reports of the specimen provides for the Ministry of finance
an implementing regulation.
§ 33
Control of the Kimberley Process certification scheme is carried along the
the worker and the competent Directorate of the worker of the Office.
TITLE VII
ADMINISTRATIVE OFFENCES
§ 34
Misdemeanors
(1) a natural person has committed the offence by
and imports, export or) transported in transit the rough diamonds in the
contrary to regulation,
(b)) shall be treated in rough diamonds without a general registration in violation of § 27
paragraph. 1,
c) in contravention of section 27 para. 5 shall be given in the application for registration is incorrect or
false information or for the purpose of registration shall submit false or
the amended documents,
(d)) in violation of § 31 para. 4 do not submit records of rough diamonds or
related documents or records containing incorrect data
or false or falsified documents,
e) contrary to section 31 does not keep records of rough diamonds or in the register
does the information stipulated by the law, or
(f)) does not submit an annual report within the deadline referred to in section 32.
(2) for the offense can be saved
and the fine to 1 000 000 Czk) or the forfeiture of things with respect to transgression
referred to in paragraph 1 (b). a) to (c)),
(b) a fine of up to 100 000) Eur, if the offence referred to in paragraph 1 (b). (d))
to (f)).
§ 35
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal and entrepreneurial natural person has committed the administrative offence
by
and imports, export or) transported in transit the rough diamonds in the
contrary to regulation,
(b)) shall be treated in rough diamonds without the General or special registration in the
contrary to section 27 para. 1 and § 28 para. 1,
c) in contravention of section 27 para. 5 or § 28 para. 2 shall indicate in the request for
the registration is incorrect or false information, or for the purposes of the registration of
submit false or altered documents,
(d)) in violation of § 31 para. 4 do not submit records of rough diamonds or
related documents or records containing incorrect data
or false or falsified documents,
e) contrary to section 31 does not keep records of rough diamonds or in the register
does the information stipulated by the law, or
(f)) does not submit an annual report within the deadline referred to in section 32.
(2) the administrative offences of legal persons or entrepreneurial natural persons
will be saved to the fine
and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). and)
or (b)),
(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)),
c) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). d) to (f)).
(3) for the administrative offences law or entrepreneurial natural persons can be
separately or together with a fine save confiscation, if the thing
belongs to the perpetrator of the administrative offense and was
and) for committing an administrative offense taken, or
(b) an administrative crime obtained or) acquired as a matter of administrative tort
obtained.
(4) the confiscation cannot be saved, if the value of the case in a prominent
disproportionate to the nature of the administrative offense.
(5) the owner of a forfeited things becomes a State.
section 36
Prevents things
(1) If no saved confiscation pursuant to § 34 paragraph 1. 2 or § 35
paragraph. 3, can decide that the thing works, if
a) belongs to a legal entity or a natural person-entrepreneur, that cannot be
the offences under section 35 para. 1 to prosecute,
(b)) does not belong to the legal entity or natural person-entrepreneur, which was
the offences under section 35 para. 1 affected, or it does not belong
completely,
(c) a natural person) belongs, that cannot be considered an offence under section 34
paragraph. 1 to prosecute,
(d)) does not belong to a natural person, which was for an offence under section 34
paragraph. 1 affected, or does not belong to her completely.
(2) prevents the things you cannot decide after the expiration of 6 years from committing
the administrative offense under § 34 paragraph 1. 1 or § 35 para. 1.
(3) the owner of the seized things becomes a State.
§ 37
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) The liability for the acts, which took place in the business
person or in direct connection with him, subject to the provisions of
liability and sanctions legal persons.
(4) administrative offences under this law in the first instance hearing
the designated customs office.
(5) the responsibility for the administrative offence under this Act shall cease to exist if the
proceedings were not commenced within 1 year from the date on which the specified
the Customs Office finds out, but not later than 6 years after the date on which the criminal offence
has occurred.
(6) the penalty is due within 30 days of the effective date of the decision,
in which it was stored.
TITLE VIII
PROVISIONS COMMON, TRANSITIONAL AND FINAL
Common provisions
§ 38
cancelled
§ 39
cancelled
section 40
cancelled
§ 41
Reimbursement of costs
The Customs Office will save the declarant to pay costs pursuant to § 9
paragraph. 4, § 17 para. 4, section 20 (2). 2 and 3 and section 26 para. 6 and 9. The declarant
is obliged to pay the cost, within 30 days from the date of acquisition of legal power
the decision to hold them.
the title launched
§ 42
cancelled
§ 43
cancelled
§ 44
cancelled
§ 45
cancelled
PART TWO
cancelled
§ 46
cancelled
PART THREE
cancelled
§ 47
cancelled
PART FOUR
The EFFECTIVENESS of the
§ 48
This Act shall take effect on the 15th day following its publication.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
Annex
Certificate of the Czech Republic
1. the model of the certificate of the Czech Republic.
2. Neutajovanými the safety features of the certificate of the Czech Republic are
(a) Offset colors shining in the UV spectrum in yellow and red,
(b) two text colors (white and IR-IR-metamerism black),
(c) photogravure frame with latent image effect, and
(d) irisový the color gradient.
Selected provisions of the novel
Article II law 60/2005 Sb.
Transitional provisions
Certificates issued before the date of entry into force of this Act shall be
be considered as certificates issued under this Act.
Article. (II) Act No. 187/2006.
Transitional provision
Proceedings for administrative offences pursuant to Act No. 441/2003 Coll., as amended by
amended, which began before the date of entry into force of this Act
and to this day hedge contingent exposures, completes, and the rights and obligations with him
related are assessed according to law No. 441/2003 Coll., in the version in force
to the effective date of this Act, unless the legislation referred to in
Act No. 440/2003 Coll., in the version in force from the date of entry into force of
This law, for a person who has committed an administrative offence,
more favourable.
Article. Statutory LVIII measures no 344/Sb.
Transitional provisions
Unless otherwise specified, relate to the facts, conditions, relationships,
bodies, subjects, the rights and obligations of private law under the legislation
regulations effective before the date of entry into force of the legal measures
The Senate, after the date of entry into force of the legal measures the Senate the same
the provisions of Act No. 441/2003 Coll., in the version in force from the date of acquisition
the effectiveness of legal measures in the Senate, as a fact,
conditions, relationships, entities, objects, rights and obligations of private law
According to the law effective from the date of entry into force of this
the legal measures of the Chamber, which they are, by their nature and purpose
the nearest.
1) Article. 3 (b). b) Council Regulation (EC) No 2368/2002 of 20 December 2002. December
2002 implementing the Kimberley Process certification scheme for the international
trade in rough diamonds.
1A) Article. 12 (a). c) Council Regulation (EC) No 2368/2002.
1B) article 12 of Council Regulation (EC) No 2368/2002.
2) article 19 of Council Regulation (EC) No 2368/2002.
2A) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic,
in the wording of later regulations.
3) Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended. Decree No 307/2002 Coll., on
radiation protection.
3A) § 5 para. 2 (a). a) of Act No. 101/2000 Coll., on the protection of personal
data and on amendment to certain laws.
4) Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by
amended.
5A) Act No. 412/2005 Coll., on the protection of classified information and on the
Security eligibility.
6) Article. 4 (4). 17 of Council Regulation (EEC) No 2913/1992 of 12 October. October
1992 establishing the Community customs code.
6a) Article. 4 (4). Council Regulation (EEC) No 2913/1992.
7) Article. 4 (4). 18 Council Regulation (EEC) No 2913/1992.
8) article 37 and following of Council Regulation (EEC) No 2913/1992.
8A) Article. 4 (4). 6 Council Regulation (EEC) No 2913/1992.
9) Council Regulation (EEC) No 2913/1992.
10) article 91 and following of Council Regulation (EEC) No 2913/1992.
10A) Council decision (EEC) no 413/87 of 15 December 1999. June 1987 on the
the conclusion of the Convention between the European Community, the Republic of Austria,
The Republic of Finland, the Republic of Iceland, the Kingdom of Norway,
The Kingdom of Sweden and the Swiss Confederation on a common transit
the scheme, as amended.
10B) article 3 of Council Regulation (EEC) 2913/1992.
10 c) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
11) Trade Act.
14) Council Regulation (EC) No 2368/2002,
14A) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
Act No. 85/2004 Sb.
15) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
16) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
17) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.